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5128-91ORDINANCE NO. 5128-91 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO VEHICULAR TRAFFIC; CREATING CHAPTER 125, CODE OF ORDINANCE, CONSISTING OF SECTIONS 125.01 THROUGH 125.07; RESTRICTING THE PRACTICE OF "CRUISING," OR UNNECESSARY REPETITIVE DRIVING, ON CERTAIN STREETS TO BE DESIGNATED PURSUANT TO THIS ORDINANCE; PROVIDING FOR FINES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR THE AUTOMATIC REPEAL OF THIS ORDINANCE AS OF MAY 1, 1992. WHEREAS, the City Commission adopted Ordinance 5098-91 on May 16, 1991, as amended by Ordinance 5104-91 on June 20, 1991, to control the practice of "cruising," or the unnecessary and repetitive driving of motor vehicles on certain streets, as a temporary or experiment regulation with an October 1, 1991, expiration date; and WHEREAS, the City Commission finds that the uncontrolled practice of cruising creates a substantial backup of traffic, interferes with the orderly flow of pedestrian and vehicular traffic, impedes the movement of emergency service vehicles, pollutes the air, and otherwise endangers the public health, ' safety and welfare of the residents of the City of Clearwater and their guests and business invitees, resulting in a substantial expenditure of public funds to insure the protection of public health, safety and welfare; and WHEREAS, Section 316.008(1)(t), Florida Statutes, permits the adoption and enforcement by local authorities of temporary or experimental regulations as may be necessary to cover emergencies or special conditions; and WHEREAS, the problems caused by uncontrolled cruising rise to the level of emergencies during certain hours and at certain times, and the City Commission finds and declares that the regulations set forth in this ordinance constitute the kind of temporary or experimental regulations authorized by Florida law to cover such emergencies and special conditions; and /.2?- c7l WHEREAS, because Ordinance 5098-91, as amended, was not in effect during the annual phenomenon known as "spring break," the regulations set forth in the ordinance have not been tested during the time of the year when the problems caused by uncontrolled cruising are at their peak, and the City Commission finds and declares that the reenactment of the regulations as set forth herein for a limited period of time is necessary in order to give the regulations a proper test; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 125, Code of Ordinances, consisting of Sections 125.01 through 125.07, is created to read: CHAPTER 125, CRUISING CONTROL Sec. 125.01. Short Title. This chapter shall be known and may be referred to as the "City of Clearwater cruising control ordinance." Sec. 125.02. Definitions. .i For the purpose of this chapter, the following definitions shall apply: (a) "Congested traffic" means traffic on any public street which is E delayed to the point that: (1) Motor vehicles cannot move through a 100-yard approach corridor to an intersection controlled by a traffic light within two complete green light cycles, where the delay in forward movement is due to the position of other motor vehicles; or (2) Motor vehicles cannot move through a 100-yard approach corridor to an intersection controlled by a traffic light, stop sign, or yield sign within a five-minute period of time, where the delay in forward movement is due to the position of other motor vehicles; or 2 (3) Motor vehicles cannot readily move forward on portions of the public street between intersections with other public streets because traffic speed is slowed to less than five miles per hour, where the delay in forward movement is due to the position of other motor vehicles. (b) "Cruising" means driving a motor vehicle on a designated street past a traffic control point two or more times in any four hour period, following a determination that a state of congested traffic exists and during the time in which the city manager, the police chief, or the designee of either, shall have posted a designated street with signs informing the public that the street is subject to regulation under the City of Clearwater cruising control ordinance, or permitting a motor vehicle to be so operated. The operation of a motor vehicle past a traffic control point under the aforesaid conditions, after notice as i i provided herein, shall constitute unnecessary repetitive driving and thereford a violation of this ordinance. (c) "Designated street" means any one or more public streets designated as such pursuant to this ordinance; provided, that no portion of a state highway shall be included as a designated street. Any street so designated shall be clearly marked with signs advising the public that the street is subject to regulation under the City of Clearwater cruising control ordinance. (d) "Green light cycle" means the period commencing upon the switching of a traffic light from a red light to a green light through to the return of the red light. (e) "Traffic control point" means a clearly identified reference point on a designated street, as determined and marked from time to time by the Police Department. ..'a 3 Sec. 125.03. Cruising prohibited. No person shall engage in unnecessary repetitive driving, also known as "cruising" as defined in Section 125.02, while operating a motor vehicle, and no person shall permit another to engage in cruiIsing while operating a motor vehicle under his or her care, custody and control, after notice as described in section 125.04. Sec. 125.04. Notice. (1) Upon observation that a motor vehicle has been operated on a designated street past a traffic control point two or more times following a determination that a state of congested traffic exists and during the time in which the designated street has been posted as provided herein, the vehicle shall be stopped at the time of or after the second or subsequent observation for the purpose of giving notice to the operator and to each passenger in the vehicle. The notice, which may be orally or in writing, shall inform the operator and passengers that this ordinance is in effect, and that a subsequent operation of the vehicle past a traffic control point within four hours after the initial observation of the vehicle shall constitute a violation of this ordinance. The notice shall include a brief and general description of the designated streets or the area containing the designated streets, and a description of the fine which may be imposed upon conviction. (2) Because the operation of a motor vehicle past a traffic control point after issuance of the notice described herein constitutes the offense of violating section 125.03, a citation shall be issued to the actual operator of the motor vehicle at the time the offense occurs if the operator was the operator or a passenger in the motor vehicle at the time of the issuance of the notice. It shall be immaterial whether the operator at the time the offense occurs 4 r .r 0 actually operated the motor vehicle each time it passed the traffic control i point. (3) At the time a motor vehicle is stopped to give the notice described in this section, and at the time a motor vehicle is stopped after the giving of such notice, and prior to issuing a citation to the operator of the motor vehicle, the officer shall afford the operator or a passenger in the motor vehicle an opportunity to explain his or her conduct. No person shall be convicted for violating section 125.03 if it appears at trial that the explanation given was true and disclosed a lawful purpose, and that the lawful purpose did not constitute unnecessary repetitive driving. Refusal by the person to explain his or her conduct to the officer shall not be deemed an element of the offense or evidence establishing probable cause that the person has violated this section, nor shall such refusal be admissible against the person in a trial of the offense. Sec. 125.05. Exclusions. ¦ Section 125.03 shall not apply to: (1) Any public service, police, fire, emergency, or other governmental vehicle or any ambulance when operated in an official capacity; or (2) Any licensed public transportation vehicle or any vehicle utilized for business or commercial purposes, when operated for such purposes. Sec. 125.06. Designation of streets. The city manager, the chief of police, or the ranking police officer on duty in the police district is authorized to designate a public street, other than a state highway, as a designated or "cruising restricted" street upon a determination that a state of congested traffic, as defined in Section 125.02, exists. Such designation shall include any portion of the street within which the congested traffic condition 5 Ask is found to exist. Upon the designation of a public street as a designated or "cruising restricted" street, the police department shall post or cause to be posted notices to the public to such effect, and shall establish one or more traffic control points to identify the vehicles being operated upon the designated street. Sec. 125.07. Penalty; Enhanced Penalties for Repeat Offenses. (1) Any person violating Section 125.03 shall, upon conviction, be subject to the imposition of a fine in accordance with the Pinellas County Uniform Fine Schedule for Local Ordinance Violations, as established by administrative order of the County Court for Pinellas County, as the same may be amended from time to time. As of the date of adoption of this ordinance, a violation of this ordinance is a Class V violation, for which the penalty is a $10.00 fine plus $20.00 costs, or $30.00. (2) A second violation of this ordinance within 24 months following a violation of this ordinance by the same offender shall be punishable by the penalty prescribed for the classification level one class above the classification level for the first offense. For the third and subsequent violations of this ordinance by the same person within the period of 24 months following the first violation of this ordinance, the offense shall be punishable by the penalty prescribed for the classification level one class above the classification level prescribed for the previous violation as provided by the Pinellas County,Uniform Fine Schedule for Local Ordinance Violations, according to the following schedule: Class Fine Casts Total Initial offense: V 10.00 20.00 30.00 Second-offense: IV 35.00 20.00 55,00 Third offense: Ili 60.00 20,00 80.00 6 1 04 r Fourth offense: iI 110.00 20.00 130.00 Fifth and subsequent offense: I 135.00 20.00 155.00 (3) In the event that the Pinellas County Uniform Fine Schedule for Local Ordinance Violations is amended after the adoption of this ordinance, the fines and costs as set forth in the amended schedule shall be applicable to any violation of this ordinance. Section 2. This ordinance shall take effect as of 12:01 a.m. on October 1, 1991. i r i Section 3. This ordinance shall stand repealed and. shall have no further effect as of 12:01 a.m. on May 1, 1992; however, the City Commission reserves the right to readopt the provisions set forth herein, with such amendments as the City Commission may determine to be appropriate, in a nonemergency ordinance before or after such date. PASSED ON FIRST READING September 5, 1991 PASSED ON SECOND AND FINAL READING AND ADOPTED E i Attest: Cyn i s E . Go Beau Cit Clerk 7 Mayor-Commissioner 01-1 Approved as to form and correctness: U'tzt? C1 J September 19, 1991 M. A. Galbrait City Attorney